IMPORTANT POINT
The court established that lawful possession of psychotropic substances for medical purposes, coupled with the absence of mens rea, can justify the granting of bail under the NDPS Act.

ORDER :

Nupur Bhati, J.

(S.B. Criminal Miscellaneous Bail Application No. 4885/2024)

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.141/2024 dated 21.03.2024, registered at Police Station Kotwali Ganganagar, District Ganganagar, for the offences under Sections 8/22 of NDPS Act.

2. Brief facts of the case are that the petitioner is working as a Psychiatrist at Sri Ram Hospital, Sri Ganganagar. As per the prosecution, an inspection was carried out on 21.03.2024 at the hospital in question and Dr. Rajeeb Kumar who was working with the Sri Ram Hospital was interrogated by the inspection team and upon interrogation, Dr. Rajeeb Kumar stated that he is working as Physician with the Sri Ram Hospital and other than him one Dr. D. Ravi Verma is also working with the Sri Ram Hospital as a Psychiatrist. Dr. Rajeeb Kumar stated before the inspection team that upon the demand of Dr. D. Ravi Verma medicines under Schedule-H are being kept in his room as Dr. D. Ravi Verma’s room is on the first floor of the hospital. Dr. Rajeeb Kumar further stated that on account of the fact that few patients are unable to climb stairs, the medicines are kept in the chamber of Dr. Rajeeb Kumar and such medicines are being given by Dr. D. Ravi Verma to the patients and in the absence of Dr. D. Ravi Verma, the medicines are administered by Dr. Rajeeb himself. It is further case of the prosecution that upon inspection, certain medicines were recovered from the chamber of Dr. Rajeeb Kumar, viz. Clonazepam tablets IPI-P KlozaPS 2 MD (8 boxes), Alprazolam Tablets IP Alpz 0.5 (5 boxes), Zolpidem Tablets IP Zoltrate-10 (2 boxes), Escitalopram & Clonazepam tablets IPI-P KlozaPS-ES (2 boxes). The prosecution case is that when Dr. Rajeeb Kumar was asked for the bills and license of the aforementioned medicines under his control and being found in his chamber, he stated that the said bills and license are not with him and thus the petitioner, i.e., Dr. D. Ravi Verma could not have kept the said medicine in his possession in the absence of the bills and license, thus case was registered for offence under Section 8/22 under the NDPS Act. The inspecting team immediately took over the possession of the aforementioned tablets and a notice under Section 52 of the NDPS Act was served upon and the petitioner was arrested.

3. Learned counsel for the petitioner submits that the medicines recovered are used for treatment of the patients and it is wrong to say that the medicines have been illegally stored in the hospital. He further submits that as per the Schedule H, the medicines in the registered hospital were being distributed by the registered Medical Practitioner i.e. the present petitioner. Learned counsel also submits that for the said medicines the bills are also placed on record but the respondents without appreciating the fact that the bills qua the said medicines were there, proceeded to arrest the petitioner.

4. Learned counsel for the petitioner further submits that there is no material on record indicating that the petitioner, who is working as Psychiatrist, has intentionally violated the norms under the NDPS Act or the Rules framed thereunder. Learned counsel further submits that statements under Section 67 of the NDPS Act is not admissible. He places reliance upon the judgment passed by Hon’ble Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in (2021) 4 SCC 1. He also submits that the medicines recovered during investigation have been supplied under valid bills issued by the distributors/manufacturers.

5. Learned counsel also submits that Rule 65-A of the Rules of 1985 specifically provides that no person can purchase/sell/consume or use any Psychotropic substance, except in accordance with the drugs and comestic rules and such Rules specifically provides that these acts shall be for the purpose mentioned in Chapter VII-A of the NDPS Rules. Learned